Horowitz v. Sacks

The plaintiff commenced an action against the defendants to recover a judgment for damages, alleging that defendants had alienated the affections of his wife. The defendants appeared and answered and a trial was had in the lower court before the court sitting with a jury. The jury returned a verdict in the sum of fifteen thousand dollars in favor of the plaintiff. A motion for a new trial was made and the trial court made a conditional order that unless the plaintiff waived ten thousand dollars the motion would be granted, otherwise denied. The plaih tiff thereupon filed a stipulation…